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40-1-16 |
Ch. 40 — ACTS VOID AS TO CREDITORS AND PURCHASERS |
Acts Generally Void as to Creditors and Purchasers |
Sections Eight to Fifteen, Both Inclusive, Not to Apply to Transfer or Assignment of Interest Created by Trust Deed or Mortgage |
The provisions of sections eight, nine, ten, eleven, twelve, thirteen, fourteen and fifteen of this article shall have no application to the transfer or assignm… |
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40-2-1 |
Ch. 40 — ACTS VOID AS TO CREDITORS AND PURCHASERS |
Sale of Merchandise or Fixtures in Bulk |
When Sale in Bulk of Merchandise or Fixtures Fraudulent and Void |
The sale in bulk of any part, or the whole, of a stock of goods, wares and merchandise and/or fixtures, pertaining to the conducting of the seller’s business, o… |
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40-2-2 |
Ch. 40 — ACTS VOID AS TO CREDITORS AND PURCHASERS |
Sale of Merchandise or Fixtures in Bulk |
When Such Sale to be Deemed Prima Facie Void |
If such inventory, or such list of creditors and debts, or such statement that the seller has no creditors, or such notice to creditors, shall in any respect be… |
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40-2-3 |
Ch. 40 — ACTS VOID AS TO CREDITORS AND PURCHASERS |
Sale of Merchandise or Fixtures in Bulk |
Liability of Purchaser to Creditors of Seller |
If such sale be invalid by virtue of either of the two preceding sections, the goods, wares and merchandise and/or fixtures, in the hands of the purchasers, or … |
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40-2-4 |
Ch. 40 — ACTS VOID AS TO CREDITORS AND PURCHASERS |
Sale of Merchandise or Fixtures in Bulk |
Preservation of Inventory, List and Affidavit; Limitation of Suit or Action |
The seller and purchaser shall each preserve the inventory, list and affidavit required by the first section of this article for the period of six months after … |
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40-2-5 |
Ch. 40 — ACTS VOID AS TO CREDITORS AND PURCHASERS |
Sale of Merchandise or Fixtures in Bulk |
Definition of Seller and Purchaser |
Sellers and purchasers under this article shall include corporations, associations, copartnerships and individuals, but nothing contained in this article shall … |
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40-2-6 |
Ch. 40 — ACTS VOID AS TO CREDITORS AND PURCHASERS |
Sale of Merchandise or Fixtures in Bulk |
Form of Notice to Creditors |
The notice to creditors of the seller, as provided in this article, shall be sufficient if in form or effect as follows:
{{FIGURE type=form page=1043 id=40-2-6… |
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40-3-1 |
Ch. 40 — ACTS VOID AS TO CREDITORS AND PURCHASERS |
Conditional Sales |
Definition of Terms |
In this article “conditional sale” means: (a) Any contract for the sale of goods under which possession is delivered to the buyer and the property in the goods … |
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40-3-2 |
Ch. 40 — ACTS VOID AS TO CREDITORS AND PURCHASERS |
Conditional Sales |
Primary Rights of Buyer |
The buyer shall have the right, when not in default, to retain possession of the goods, and he shall also have the right to acquire the property in the goods on… |
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40-3-3 |
Ch. 40 — ACTS VOID AS TO CREDITORS AND PURCHASERS |
Conditional Sales |
Primary Rights of Seller |
The buyer shall be liable to the seller for the purchase price, or for installments thereof, as the same shall become due, and for breach of all promises made b… |
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40-3-4 |
Ch. 40 — ACTS VOID AS TO CREDITORS AND PURCHASERS |
Conditional Sales |
Conditional Sales Valid Except as Otherwise Provided |
Every provision in a conditional sale reserving property in the seller after possession of the goods is delivered to the buyer, shall be valid as to all persons… |
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40-3-5 |
Ch. 40 — ACTS VOID AS TO CREDITORS AND PURCHASERS |
Conditional Sales |
Conditional Sales Void as to Certain Persons |
Every provision in a conditional sale reserving property in the seller shall be void as to any purchaser from or creditor of the buyer, who, without notice of s… |
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40-3-6 |
Ch. 40 — ACTS VOID AS TO CREDITORS AND PURCHASERS |
Conditional Sales |
Place of Filing; Acknowledgment Not Necessary; Exceptions |
The conditional sale contract or copy shall be filed in the office of the clerk of the county court in the county in which the goods are first kept for use by t… |
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40-3-7 |
Ch. 40 — ACTS VOID AS TO CREDITORS AND PURCHASERS |
Conditional Sales |
Fixtures |
If the goods are so affixed to realty, at the time of a conditional sale or subsequently, as to become a part thereof and not to be severable wholly or in any p… |
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40-3-8 |
Ch. 40 — ACTS VOID AS TO CREDITORS AND PURCHASERS |
Conditional Sales |
Railroad Equipment, Rolling Stock, Watercraft and Barges |
No conditional sale of railroad or street or interurban railway equipment or rolling stock or of commercial watercraft or barges or any equipment thereon shall … |
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40-3-9 |
Ch. 40 — ACTS VOID AS TO CREDITORS AND PURCHASERS |
Conditional Sales |
Conditional Sale of Goods for Resale |
When goods are delivered under a conditional sale contract, and the seller expressly or impliedly consents that the buyer may resell them prior to performance o… |
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40-3-10 |
Ch. 40 — ACTS VOID AS TO CREDITORS AND PURCHASERS |
Conditional Sales |
Filing |
The filing officer shall mark upon the contract or copy filed with him for record the day and hour of filing and shall file the contract or copy in his office f… |
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40-3-11 |
Ch. 40 — ACTS VOID AS TO CREDITORS AND PURCHASERS |
Conditional Sales |
Refiling |
The filing of conditional sale contracts provided for in sections five, six and seven of this article shall be valid for a period of three years only. The recor… |
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40-3-12 |
Ch. 40 — ACTS VOID AS TO CREDITORS AND PURCHASERS |
Conditional Sales |
Cancellation of Contract |
After the performance of the condition, upon written demand delivered personally or by registered mail by the buyer or any other person having an ( interest in … |
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40-3-13 |
Ch. 40 — ACTS VOID AS TO CREDITORS AND PURCHASERS |
Conditional Sales |
Prohibition of Removal or Sale Without Notice |
Unless the contract otherwise provides, the buyer may, without the consent of the seller, remove the goods from any county wherein the contract is filed, and se… |
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40-3-14 |
Ch. 40 — ACTS VOID AS TO CREDITORS AND PURCHASERS |
Conditional Sales |
Refiling on Removal |
When, prior to the performance of the condition, the goods are removed by the buyer from one county in this State to another county in this State in which such … |
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40-3-15 |
Ch. 40 — ACTS VOID AS TO CREDITORS AND PURCHASERS |
Conditional Sales |
Injury, Destruction, Concealment, Removal, Encumbrance or Sale |
When, prior to the performance of the condition, the buyer, maliciously or with intent to defraud, shall injure, destroy or conceal the goods, or shall sell, mo… |
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40-3-16 |
Ch. 40 — ACTS VOID AS TO CREDITORS AND PURCHASERS |
Conditional Sales |
Retaking Possession |
When the buyer shall be in default in the payment of any sum due under the contract, or in the performance of any other condition which the contract requires hi… |
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40-3-17 |
Ch. 40 — ACTS VOID AS TO CREDITORS AND PURCHASERS |
Conditional Sales |
Notice of Intention to Retake |
Not more than forty nor less than twenty days prior to the retaking, the seller, if he so desires, may serve upon the buyer personally, or by registered mail, a… |
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40-3-18 |
Ch. 40 — ACTS VOID AS TO CREDITORS AND PURCHASERS |
Conditional Sales |
Redemption |
If the seller does not give the notice of intention to retake described in section seventeen of this article, he shall retain the goods for ten days after the r… |
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40-3-19 |
Ch. 40 — ACTS VOID AS TO CREDITORS AND PURCHASERS |
Conditional Sales |
Compulsory Resale by Seller |
If the buyer does not redeem the goods within ten days after the seller has retaken possession, and the buyer has paid at least fifty per cent of the purchase p… |
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40-3-20 |
Ch. 40 — ACTS VOID AS TO CREDITORS AND PURCHASERS |
Conditional Sales |
Resale at Option of Parties |
If the buyer has not paid at least fifty per cent of the purchase price at the time of the retaking, the seller shall not be under a duty to resell the goods as… |
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40-3-21 |
Ch. 40 — ACTS VOID AS TO CREDITORS AND PURCHASERS |
Conditional Sales |
Proceeds of Resale |
The proceeds of the resale shall be applied (a) to the payment of the expenses thereof, (b) to the payment of the expenses of retaking, keeping and storing the … |
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40-3-22 |
Ch. 40 — ACTS VOID AS TO CREDITORS AND PURCHASERS |
Conditional Sales |
Deficiency on Resale |
If the proceeds of the resale are not sufficient to defray the expenses thereof, and also the expenses of retaking, keeping and storing the goods and the balanc… |
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40-3-23 |
Ch. 40 — ACTS VOID AS TO CREDITORS AND PURCHASERS |
Conditional Sales |
Rights of Parties Where There is no Resale |
Where there is no resale, the seller may retain the goods as his own property without obligation to account to the buyer except as provided in section twenty-fi… |
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40-3-24 |
Ch. 40 — ACTS VOID AS TO CREDITORS AND PURCHASERS |
Conditional Sales |
Election of Remedies |
After the retaking of possession as provided in section sixteen of this article, the buyer shall be liable for the price only after a resale and only to the ext… |
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40-3-25 |
Ch. 40 — ACTS VOID AS TO CREDITORS AND PURCHASERS |
Conditional Sales |
Recovery of Part Payments |
If the seller fails to comply with the provisions of sections eighteen, nineteen, twenty, twenty-one and twenty-three of this article after retaking the goods, … |
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40-3-26 |
Ch. 40 — ACTS VOID AS TO CREDITORS AND PURCHASERS |
Conditional Sales |
Waiver of Statutory Protection |
No act or agreement of the buyer before or at the time of the making of the contract, nor any agreement or statement by the buyer in such contract, shall consti… |
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40-3-27 |
Ch. 40 — ACTS VOID AS TO CREDITORS AND PURCHASERS |
Conditional Sales |
Loss and Increase of Goods |
After the delivery of the goods to the buyer and prior to the retaking of them by the seller, the risk of injury and loss shall rest upon the buyer. The increas… |
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40-3-28 |
Ch. 40 — ACTS VOID AS TO CREDITORS AND PURCHASERS |
Conditional Sales |
From What Date This Article to be in Operation |
This article shall not apply to conditional sales made prior to the time when it takes effect. |
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40-3-29 |
Ch. 40 — ACTS VOID AS TO CREDITORS AND PURCHASERS |
Conditional Sales |
Rules for Cases Not Provided for |
In any case not provided for in this article the rules of law and equity, including the law merchant, and in particular those relating to principal and agent an… |
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40-3-30 |
Ch. 40 — ACTS VOID AS TO CREDITORS AND PURCHASERS |
Conditional Sales |
Destruction of Contract or Copy After Validity Ceases |
When any conditional sale contract or copy, which is filed under and in pursuance of this article, shall cease to be valid for a period of five years, then and … |
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40-3-31 |
Ch. 40 — ACTS VOID AS TO CREDITORS AND PURCHASERS |
Conditional Sales |
Uniformity of Interpretation |
Th article shall be so interpreted and construed as to effectuate its general purpose to make uniform the law of those states which enact it. |
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40-3-32 |
Ch. 40 — ACTS VOID AS TO CREDITORS AND PURCHASERS |
Conditional Sales |
Title of Sales Act |
This article may be cited as the Uniform Conditional Sales Act. |
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41-1-1 |
Ch. 41 — WILLS |
Capacity to Make, and Requisites and Validity of, a Will |
Who May Make Will and as to What Property |
Every person not prohibited by the following section may, by will, dispose of any estate to which he shall be entitled at his death, and which, if not so dispos… |
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41-1-2 |
Ch. 41 — WILLS |
Capacity to Make, and Requisites and Validity of, a Will |
Who May Not Make Will |
No person of unsound mind, or under the age of twenty-one years, shall be capable of making a will. |
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41-1-3 |
Ch. 41 — WILLS |
Capacity to Make, and Requisites and Validity of, a Will |
Must be in Writing; Witnesses |
No will shall be valid unless it be in writing and signed by the testator, or by some other person in his presence and by his direction, in such manner as to ma… |
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41-1-4 |
Ch. 41 — WILLS |
Capacity to Make, and Requisites and Validity of, a Will |
Execution of Power of Appointment |
No appointment made by will, in the exercise of any power, shall be valid unless the same be so executed that it would be valid for the disposition of the prope… |
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41-1-5 |
Ch. 41 — WILLS |
Capacity to Make, and Requisites and Validity of, a Will |
Wills of Personal Estate by Soldiers, Sailors or Nonresidents |
Notwithstanding the two preceding sections, a soldier being in actual military service, or a mariner or seaman being at sea, may dispose of his personal estate … |
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41-1-6 |
Ch. 41 — WILLS |
Capacity to Make, and Requisites and Validity of, a Will |
When Marriage Revokes Will |
Every will made by a man or woman shall be revoked by his or her marriage, except a will which makes provision therein for such contingency, or a will which, th… |
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41-1-7 |
Ch. 41 — WILLS |
Capacity to Make, and Requisites and Validity of, a Will |
Revocation Generally |
No will or codicil, or any part thereof, shall be revoked, unless under the preceding section, or by a subsequent will or codicil, or by some writing declaring … |
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41-1-8 |
Ch. 41 — WILLS |
Capacity to Make, and Requisites and Validity of, a Will |
Revival After Revocation |
No will or codicil, or any part thereof, which shall be in any manner revoked, shall, after being revoked, be revived otherwise than by the reexecution hereof, … |
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41-1-9 |
Ch. 41 — WILLS |
Capacity to Make, and Requisites and Validity of, a Will |
Effect of Subsequent Conveyance |
No conveyance or other act subsequent to the execution of a will shall, unless it be an act by which the will is revoked as aforesaid, prevent its opertion with… |
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41-1-10 |
Ch. 41 — WILLS |
Capacity to Make, and Requisites and Validity of, a Will |
On What Wills Chapter Operates; When Reexecuted Wills Deemed to be Made |
The validity and effect of wills executed prior to the time this Code becomes effective shall be determined by the laws of this State in force at the time of th… |
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41-2-1 |
Ch. 41 — WILLS |
Competency of Witnesses |
Competency of Witnesses Who are Beneficiaries |
If a will be attested by a person to whom, or to whose wife or husband, any beneficial interest in any estate is thereby devised or bequeathed, if the will may … |
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